퍼블릭도메인의 이해를 위한 개략적 고찰

• 영문명: A Study on Public Domain in Intellectual Property Context
• 발행기관: 세창출판사
• 저자명: 김윤명(Yun-myung Kim)
• 간행물 정보: 『창작과 권리』2007년 겨울호 (제49호), 131~172쪽, 전체 41쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.12.01

영문 초록

The copyright act is aiming at coordinating the interests between copyright holders and its users, striking a balance of such relationship, thus enhancing the overall level of culture. The balancing mechanism between the copyright holders and users has been kept intact ever since the Statue of Anne in England to the current copyright regime including international treaties and conventions on copyright, and individual nation's copyright act. However, the quickly advancing information technologies post new threat to copyright owners and its users. The development of copyright act is based upon the assumption that any social problems arising out of conflicts between the copyright holders and users could be solved. Meanwhile, such conflicts are usually caused by the advancement of information technologies. After all, this progression of the copyright act takes place hand in hand with the social intellectual progress and technological advancement. For the purpose of social development, the copyright act grants an exclusive right to copyright owner in order to encourage plentiful productions. On the other hand, with a view to public interest, the copyright act restricts the right of copyright owners. In this context, public domain consists of two parts: one being originally not included in the scope of copyright protection and another not included in such scope because of internal limit of copyright. The copyright act has provided the various legal and systemic mechanisms to strike a balance between the copyright owners and users. However, such mechanisms don't seem to maintain a sophisticated and stabilized balance between the parties concerned. As a result, the copyright act tries to achieve the purpose of the advancement of culture by providing and promoting the fair use of literary works. The fair use derives from the copyright and property right clauses of the Constitution. Public domain is an indispensable resource in the creation and production of the new literary works, and functioning as the standard of the various uses. There is no such literary work as seldom uses the current work as well as public domain. The concept of public domain is not substantial but conceptual. The indefinite and unspecific nature of public domain presupposes a considerable limit of the concept. Consequently, though it is impossible to describe the public domain in a concrete manner, a legislative effort should be exerted to clarify the interpretation and application of the Copyright Act by revising the current one. Consequently, public domain plays an important role so that the users may use other's works. In this sense, the public domain is meant not for the gratuitous use but for free and unlimited use of literary works.

목차

Ⅰ. 서언

Ⅱ. 퍼블릭도메인의 연혁에 관한 고찰

Ⅲ. 퍼블릭도메인의 법적 승인

Ⅳ. 퍼블릭도메인의 의미 변화

Ⅴ. 퍼블릭도메인의 지재권법상 의미

Ⅵ. 결어

참고문헌

Abstract

키워드

퍼블릭도메인 저작권법 앤여왕법 지적재산 사적재산 Public Domain Copyright Act Statute of Anne Intellectual Property Private Property